Common use of Effect of Termination of Employment or Service Clause in Contracts

Effect of Termination of Employment or Service. (a) Except as otherwise provided in this Section 5 or in Section 12 herein, if the employment or service of the Participant is terminated for any reason (whether by the Company or the Participant and whether voluntary or involuntary or with or without Cause) (such date of termination of employment or service being referred to as the “Termination Date”) and all or any part of the Award has not vested or been earned pursuant to the terms of the Plan and this Agreement, then the Award, to the extent not vested or earned as of the Participant’s Termination Date, shall be forfeited immediately upon such termination, and the Participant shall have no further rights with respect to the Award or the Shares underlying that portion of the Award that has not yet been earned and vested (that is, the Unvested Shares). The Participant expressly acknowledges and agrees that the termination of his or her employment or service shall (except as may otherwise be provided in this Agreement or the Plan) result in forfeiture of the Award and the Shares to the extent that the Award has not been earned and vested as of his or her Termination Date. (b) Notwithstanding the provisions of Section 5(a), and subject to the terms of Section 3(c) of the Plan, the Award shall become 100% earned and vested upon the termination of the Participant’s employment or service if and only if the Participant’s termination is due to: (i) death; (ii) Disability; or (iii) Good Reason (as defined in the Participant’s employment agreement with the Company and/or Atlantic Capital Bank (the “Bank”), or, if there is no employment agreement defining Good Reason, as defined in Section 5(c) of this Agreement). (c) For purposes of this Section 5, “Good Reason” shall occur if during the Participant’s employment, the Participant’s employment is materially and adversely altered by the Company, without the Participant’s consent, by:

Effect of Termination of Employment or Service. (a) Except as otherwise provided in this Section 5 or in Section 12 13 herein, if the employment or service of the Participant is terminated for any reason (whether by the Company or the Participant and whether voluntary or involuntary or with or without Cause) (such date of termination of employment or service being referred to as the “Termination Date”) and all or any part of the Award has not vested or been earned pursuant to the terms of the Plan and this Agreement, then the Award, to the extent not vested or earned as of the Participant’s Termination Date, shall be forfeited immediately upon such termination, and the Participant shall have no further rights with respect to the Award or the Shares underlying that portion of the Award that has not yet been earned and vested (that is, the Unvested Shares)earned. The Participant expressly acknowledges and agrees that the termination of his or her employment or service shall (except as may otherwise be provided in this Agreement or in the Plan) result in forfeiture of the Award and the Shares to the extent that the Award has not been earned and vested as of his or her Termination Date. (b) Notwithstanding the provisions of Section 5(a), and subject to the terms of Section 3(c) of the Plan, in the Award shall become 100% earned and vested upon the termination event of the Participant’s employment or service if and only if the Participant’s termination is due to: to (i) death; ; (ii) Disability; or (iii) Retirement; or (iv) Good Reason (as defined in the Participant’s employment agreement with the Company and/or Atlantic Capital Bank (the “Bank”)agreement, or, or if there is no employment agreement defining Good Reason, as defined in Section 5(c) of this Agreement), a pro-rata portion of the Award shall be eligible to be earned based on attainment of the Performance Metrics for the Performance Period as specified in this Agreement, including Schedule A. The pro-rata portion that may be earned and vested shall be determined by multiplying the total number of Shares earned under Schedule A by a fraction, the numerator of which is the number of calendar days the Participant was employed during the Performance Period, and the denominator of which is the number of calendar days in the Performance Period; any such shares so earned shall be payable as provided in Section 6 herein. (c) For purposes of this Section 5, “Good Reason” shall occur if during the Participant’s employment, the Participant’s employment is materially and adversely altered by the Company, without the Participant’s consent, by:

Effect of Termination of Employment or Service. (a) Except as otherwise provided in this Section 5 or in Section 12 herein, if the employment or service of the Participant is terminated for any reason (whether by the Company or the Participant and whether voluntary or involuntary or with or without Cause) (such date of termination of employment or service being referred to as the “Termination Date”) and all or any part of the Award has not vested or been earned pursuant to the terms of the Plan and this Agreement, then the Award, to the extent not vested or earned as of the Participant’s Termination Date, shall be forfeited immediately upon such termination, and the Participant shall have no further rights with respect to the Award or the Shares underlying that portion of the Award that has not yet been earned and vested (that is, the Unvested Shares). The Participant expressly acknowledges and agrees that the termination of his or her employment or service shall (except as may otherwise be provided in this Agreement or in the Plan) result in forfeiture of the Award and the Shares to the extent that the Award has not been earned and vested as of his or her Termination Date. (b) Notwithstanding the provisions of Section 5(a), and subject to the terms of Section 3(c) of the Plan, the Award shall become 100% earned and vested upon the termination of the Participant’s employment or service if and only if the Participant’s termination is due to: (i) death; (ii) Disability; or (iii) Good Reason (as defined in the Participant’s employment agreement with the Company and/or Atlantic Capital Bank (the “Bank”), or, Employment Agreement or if there is no employment agreement Employment Agreement defining Good Reason, as defined in Section 5(c) of this Agreement). (c) For purposes of this Section 5, “Good Reason” shall occur if during the Participant’s employment, the Participant’s employment is materially and adversely altered by the Company, without the Participant’s consent, by:

Effect of Termination of Employment or Service. (a) Except as otherwise provided in this Section 5 or in Section 12 13 herein, if the employment or service of the Participant is terminated for any reason (whether by the Company or the Participant and whether voluntary or involuntary or with or without Cause) (such date of termination of employment or service being referred to as the “Termination Date”) and all or any part of the Award has not vested or been earned pursuant to the terms of the Plan and this Agreement, then the Award, to the extent not vested or earned as of the Participant’s Termination Date, shall be forfeited immediately upon such termination, and the Participant shall have no further rights with respect to the Award or the Shares underlying that portion of the Award that has not yet been earned and vested (that is, the Unvested Shares)earned. The Participant expressly acknowledges and agrees that the termination of his or her employment or service shall (except as may otherwise be provided in this Agreement or in the Plan) result in forfeiture of the Award and the Shares to the extent that the Award has not been earned and vested as of his or her Termination Date. (b) Notwithstanding the provisions of Section 5(a), and subject to the terms of Section 3(c) of the Plan, in the Award shall become 100% earned and vested upon the termination event of the Participant’s employment or service if and only if the Participant’s termination is due to: to (i) death; ; (ii) Disability; or (iii) Retirement; or (iv) Good Reason (as defined in the Participant’s employment agreement with the Company and/or Atlantic Capital Bank (the “Bank”)Employment Agreement, or, or if there is no employment agreement Employment Agreement defining Good Reason, as defined in Section 5(c) of this Agreement), a pro-rata portion of the Award shall be eligible to be earned based on attainment of the Performance Metrics for the Performance Period as specified in this Agreement, including Schedule A. The pro-rata portion that may be earned and vested shall be determined by multiplying the total number of Shares earned under Schedule A by a fraction, the numerator of which is the number of calendar days the Participant was employed during the Performance Period, and the denominator of which is the number of calendar days in the Performance Period; any such shares so earned shall be payable as provided in Section 6 herein. (c) For purposes of this Section 5, “Good Reason” shall occur if during the Participant’s employment, the Participant’s employment is materially and adversely altered by the Company, without the Participant’s consent, by:

Effect of Termination of Employment or Service. (a) Except as otherwise provided in this Section 5 or in Section 12 13 herein, if the employment or service of the Participant is terminated for any reason (whether by the Company or the Participant and whether voluntary or involuntary or with or without Cause) (such date of termination of employment or service being referred to as the “Termination Date”) and all or any part of the Award has not vested or been earned pursuant to the terms of the Plan and this Agreement, then the Award, to the extent not vested or earned as of the Participant’s Termination Date, shall be forfeited immediately upon such termination, and the Participant shall have no further rights with respect to the Award or the Shares underlying that portion of the Award that has not yet been earned and vested (that is, the Unvested Shares)vested. The Participant expressly acknowledges and agrees that the termination of his or her employment or service shall (except as may otherwise be provided in this Agreement or in the Plan) result in forfeiture of the Award and the Shares to the extent that the Award has not been earned and vested as of his or her Termination Date. (b) Notwithstanding the provisions of Section 5(a), and subject to the terms of Section 3(c) of the Plan, the Award shall become 100% earned and vested upon the termination of the Participant’s employment or service if and only if the Participant’s termination is due to: (i) death; (ii) Disability; (iii) Retirement; or (iiiiv) Good Reason (as defined in the Participant’s employment agreement with the Company and/or Atlantic Capital Bank (the “Bank”)Employment Agreement, or, if there is no employment agreement Employment Agreement defining Good Reason, as defined in Section 5(c) of this Agreement). (c) For purposes of this Section 5, “Good Reason” shall occur if during the Participant’s employment, the Participant’s employment is materially and adversely altered by the Company, without the Participant’s consent, by:

Effect of Termination of Employment or Service. (a) Except as otherwise provided in this Section 5 or in Section 12 herein, if the employment or service of the Participant is terminated for any reason (whether by the Company or the Participant and whether voluntary or involuntary or with or without Cause) (such date of termination of employment or service being referred to as the “Termination Date”) and all or any part of the Award has not vested or been earned pursuant to the terms of the Plan and this Agreement, then the Award, to the extent not vested or earned as of the Participant’s Termination Date, shall be forfeited immediately upon such termination, and the Participant shall have no further rights with respect to the Award or the Shares underlying that portion of the Award that has not yet been earned and vested (that is, the Unvested Shares). The Participant expressly acknowledges and agrees that the termination of his or her employment or service shall (except as may otherwise be provided in this Agreement or the Plan) result in forfeiture of the Award and the Shares to the extent that the Award has not been earned and vested as of his or her Termination Date. (b) Notwithstanding the provisions of Section 5(a), and subject to the terms of Section 3(c) of the Plan, the Award shall become 100% earned and vested upon the termination of the Participant’s employment or service if and only if the Participant’s termination is due to: (i) death; (ii) Disability; or (iii) Good Reason (as defined in the Participant’s employment agreement with the Company and/or Atlantic Capital Bank (the “Bank”), or, Employment Agreement or if there is no employment agreement Employment Agreement defining Good Reason, as defined in Section 5(c) of this Agreement). (c) For purposes of this Section 5, “Good Reason” shall occur if during the Participant’s employment, the Participant’s employment is materially and adversely altered by the Company, without the Participant’s consent, by:

Effect of Termination of Employment or Service. (a) Except as otherwise provided in this Section 5 or in Section 12 13 herein, if the employment or service of the Participant is terminated for any reason (whether by the Company or the Participant and whether voluntary or involuntary or with or without Cause) (such date of termination of employment or service being referred to as the “Termination Date”) and all or any part of the Award has not vested or been earned pursuant to the terms of the Plan and this Agreement, then the Award, to the extent not vested or earned as of the Participant’s Termination Date, shall be forfeited immediately upon such termination, and the Participant shall have no further rights with respect to the Award or the Shares underlying that portion of the Award that has not yet been earned and vested (that is, the Unvested Shares)vested. The Participant expressly acknowledges and agrees that the termination of his or her employment or service shall (except as may otherwise be provided in this Agreement or in the Plan) result in forfeiture of the Award and the Shares to the extent that the Award has not been earned and vested as of his or her Termination Date. (b) Notwithstanding the provisions of Section 5(a), and subject to the terms of Section 3(c) of the Plan, the Award shall become 100% earned and vested upon the termination of the Participant’s employment or service if and only if the Participant’s termination is due to: (i) death; (ii) Disability; (iii) Retirement; or (iiiiv) Good Reason (as defined in the Participant’s employment agreement with the Company and/or Atlantic Capital Bank (the “Bank”), or, if there is no employment agreement defining Good Reason, as defined in Section 5(c) of this Agreement). (c) For purposes of this Section 5, “Good Reason” shall occur if during the Participant’s employment, the Participant’s employment is materially and adversely altered by the Company, without the Participant’s consent, by:

Effect of Termination of Employment or Service. (a) Except as otherwise provided in this Section 5 or in Section 12 13 herein, if the employment or service of the Participant is terminated for any reason (whether by the Company or the Participant and whether voluntary or involuntary or with or without Cause) (such date of termination of employment or service being referred to as the “Termination Date”) and all or any part of the Award has not vested or been earned pursuant to the terms of the Plan and this Agreement, then the Award, to the extent not vested or earned as of the Participant’s Termination Date, shall be forfeited immediately upon such termination, and the Participant shall have no further rights with respect to the Award or the Shares underlying that portion of the Award that has not yet been earned and vested (that is, the Unvested Shares)vested. The Participant expressly acknowledges and agrees that the termination of his or her employment or service shall (except as may otherwise be provided in this Agreement or in the Plan) result in forfeiture of the Award and the Shares to the extent that the Award has not been earned and vested as of his or her Termination Date. (b) Notwithstanding the provisions of Section 5(a), and subject to the terms of Section 3(c) of the Plan, the Award shall become 100% earned and vested upon the termination of the Participant’s employment or service if and only if the Participant’s termination is due to: (i) death; (ii) Disability; (iii) Retirement; or (iiiiv) Good Reason (as defined in the Participant’s employment agreement with the Company and/or Atlantic Capital Bank (the “Bank”)Employment Agreement, or, or if there is no employment agreement Employment Agreement defining Good Reason, as defined in Section 5(c) of this Agreement). (c) For purposes of this Section 5, “Good Reason” shall occur if during the Participant’s employment, the Participant’s employment is materially and adversely altered by the Company, without the Participant’s consent, by: